Big Creek High School Choir, War, West Virginia, proceeded in
the singing of "The West Virginia Hills".
Pending the reading of the Journal of Tuesday, January 17,
2006,
On motion of Senator Minard, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage ofEng. House Bill No. 2136--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §36-4-18, relating to certain unlawful covenants; and
requiring the clerk of the county commission to execute, record and
post a disclaimer.
Referred to the Committee on the Judiciary.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and
joint resolution were introduced, read by their titles, and
referred to the appropriate committees:By Senator Minard:
Senate Bill No. 199-A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §55-
2-1b, relating to precluding a party from asserting an adverse
possession claim in a boundary dispute where the claimant holds
color of title through a residue deed.
Referred to the Committee on the Judiciary.By Senators Minard and Dempsey:
Senate Bill No. 200-
A Bill to amend and reenact §46A-6K-2 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §46A-6K-6, all relating
to requiring "settlement agents" to perform particular duties in
loan settlement transactions; and expanding the definition of
settlement agent to include business entities.
Referred to the Committee on the Judiciary.By Senator Minard:
Senate Bill No. 201-A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§33-20G-1, §33-20G-2, §33-20G-3 and §33-20G-4, all relating to
prohibiting medical professional liability insurers doing business
in West Virginia from issuing or enforcing underwriting guidelines which purport to place restrictions or limitations upon insureds in
this state greater than any restrictions or limitations set forth
in said code or related administrative rules.Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.By Senators Jenkins and Guills:
Senate Bill No. 202-A Bill to amend and reenact §3-1-16 of the
Code of West Virginia, 1931, as amended; to amend and reenact §3-
4A-11 and §3-4A-11a of said code; to amend said code by adding
thereto a new section, designated §3-5-6a; to amend and reenact §3-
5-7, §3-5-13 and §3-5-13a of said code; and to amend said code by
adding thereto a new section, designated §3-6-2a, all relating to
the nonpartisan election of Justices of the Supreme Court of
Appeals; timing and frequency of election; ballot design and
printing; separation from partisan ballot; nonpartisan election of
justices; filing announcement of candidacies; withdrawal of
announcement of candidacies; refund of paid filing fees; and ballot
content and form.Referred to the Committee on the Judiciary; and then to the
Committee on Finance.By Senators Minard and Love:
Senate Bill No. 203-A Bill to amend and reenact §33-6A-4 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §33-17A-4 and §33-17A-5 of said code, all relating to
insurance generally; additional reasons for nonrenewal of
automobile insurance and property insurance; and providing that any policy issued after the effective date of the bill may be
nonrenewed by an insurer for any reason with proper notice to the
insured.Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.By Senator Sharpe:
Senate Bill No. 204-A Bill to amend and reenact §17A-3-14 of
the Code of West Virginia, 1931, as amended, relating to
eliminating the additional annual fifteen-dollar fee for special
9/11 commemorative plates.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 205-A Bill to amend and reenact §15-2C-1 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§15-12-2, §15-12-3, §15-12-5, §15-12-8 and §15-12-10 of said code;
to amend said code by adding thereto two new sections, designated
§15-12-6a and §15-12-11; to amend said code by adding thereto a new
section, designated §18A-3-12; to amend and reenact §61-8B-3 and
§61-8B-7 of said code; to amend and reenact §62-12-26 of said code;
and to amend said code by adding thereto a new section, designated
§62-12-27, all relating to the protection of the citizenry from sex
offenders; providing for the submission of sex offender information
to the central abuse registry; providing a definition for certain
terms; providing for the release of sex offender information to the central abuse registry by the judiciary and agencies; providing for
penalties for failure to properly register with the central abuse
registry; creating new penalties for out-of-state sex offenders
that fail to register; providing for verification of sex offender
information by the central abuse registry; providing for penalties
for assisting sex offenders in evading registration; increasing
terms of incarceration for existing crimes; providing for
supervised release requirements for sexually violent offenders;
providing for electronic monitoring for sexually violent offenders
on supervised release, probation and parole; and providing for
school service personnel, contractors and service providers to be
checked against the central abuse registry.Referred to the Committee on the Judiciary.By Senators Oliverio, Dempsey, Fanning, Foster, Hunter,
Jenkins, Kessler, Barnes, Weeks, Unger, McKenzie, McCabe and
Sharpe:
Senate Bill No. 206-A Bill to amend and reenact §7-1-3u of the
Code of West Virginia, 1931, as amended; and to amend and reenact
§19-21A-4 of said code, all relating to floodplain management and
flood debris generally; requiring floodplain management plans to
prohibit or regulate placement of manufactured housing and storage
of materials which may become flood debris or present additional
flood hazards; requiring local governments establish penalties for
violations of floodplain management plans; and authorizing the
conservation agency to remove debris and other impediments during
flood emergencies.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.By Senators Oliverio, Dempsey, Fanning, Foster, Hunter,
Jenkins, Kessler, Barnes, Weeks, McKenzie, McCabe and Sharpe:
Senate Bill No. 207-A Bill to amend and reenact §21-9-4 and
§21-9-12 of the Code of West Virginia, 1931, as amended; and to
amend and reenact §24-2-2 of said code, all relating to requiring
manufactured housing, fuel oil and propane tanks and other items to
be properly secured when in floodplain; requiring certificate or
installation approval from floodplain manager prior to
installation; providing for penalties; providing that utility
service may not be provided to a building or manufactured home
under certain conditions; and requiring building or property owner
provide utility companies with certificate or installation approval
before service to home may be provided.Referred to the Committee on the Judiciary; and then to the
Committee on Finance.By Senators Oliverio, Dempsey, Fanning, Foster, Hunter,
Jenkins, Kessler, Barnes, Weeks, Plymale, McKenzie, McCabe and
Sharpe:
Senate Bill No. 208-A Bill to amend and reenact §20-1A-3 of
the Code of West Virginia, 1931, as amended, relating to granting
the Public Land Corporation the authority to condemn certain
abandoned structures in the waters of the state causing or
contributing to flooding or erosion; requiring owner to remove
certain abandoned structures; authorizing repayment to Public Land Corporation for certain costs incurred; authorizing citations for
violations of right of entry; and establishing civil penalties.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.By Senator Minard:
Senate Bill No. 209-A Bill to amend and reenact §17C-4-9 of
the Code of West Virginia, 1931, as amended, relating to accident
report forms; and providing that a completed accident report form
is conclusive upon the issue as to causation unless a court of
competent jurisdiction rules otherwise after review.Referred to the Committee on the Judiciary.By Senator Minard:
Senate Bill No. 210-A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§11-15-9i, relating to providing an exemption from consumers sales
tax for certain charges by mortgage brokers, lenders and loan
originators licensed by the Commissioner of Banking; and specifying
an effective date.Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.By Senators Yoder, Hunter, Sprouse, White, Chafin, Minear,
Weeks, Harrison, Barnes, McKenzie, Dempsey, Deem, Prezioso, Boley,
Love, Sharpe, Guills, Caruth, Plymale, Jenkins, Unger and Foster:
Senate Joint Resolution No. 8-Proposing an amendment to the
Constitution of the State of West Virginia, amending section nine,
article III thereof, relating to prohibiting the taking of private property for private use; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose of
such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
considerationSenate Bill No. 162, Creating Affordable Health Insurance Act.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original triple committee reference
first be referred to the Committee on Banking and Insurance; and
then to the Committee on Finance.
Respectfully submitted,
Roman W. Prezioso, Jr.,Chair.The bill, under the original triple committee reference, was
referred to the Committee on Banking and Insurance; and then to the
Committee on Finance, with amendments from the Committee on Health
and Human Resources pending.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
considerationSenate Bill No. 211 (originating in the Committee on
Government Organization)--A Bill to amend and reenact §30-13A-37 of
the Code of West Virginia, 1931, as amended, relating to continuing
the West Virginia Board of Professional Surveyors.Senate Bill No. 212 (originating in the Committee on
Government Organization)--A Bill to amend and reenact §30-4-30 of
the Code of West Virginia, 1931, as amended, relating to continuing
the West Virginia Board of Dental Examiners.Senate Bill No. 213 (originating in the Committee on
Government Organization)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-10D-8, relating to continuing the West Virginia
Consolidated Public Retirement Board.Senate Bill No. 214 (originating in the Committee on
Government Organization)--A Bill to amend and reenact §30-40-28 of
the Code of West Virginia, 1931, as amended, relating to continuing
the West Virginia Real Estate Commission.Senate Bill No. 215 (originating in the Committee on
Government Organization)--A Bill to amend and reenact §30-31-15 of
the Code of West Virginia, 1931, as amended, relating to continuing
the West Virginia Board of Examiners in Counseling.Senate Bill No. 216 (originating in the Committee on
Government Organization)--A Bill to amend and reenact §29-29-7 of
the Code of West Virginia, 1931, as amended, relating to continuing the West Virginia Women's Commission.Senate Bill No. 217 (originating in the Committee on
Government Organization)--A Bill to amend and reenact §30-14-16 of
the Code of West Virginia, 1931, as amended, relating to continuing
the West Virginia Board of Osteopathy.
And,Senate Bill No. 218 (originating in the Committee on
Government Organization)--A Bill to amend and reenact §4-8-6 of the
Code of West Virginia, 1931, as amended, relating to continuing the
West Virginia Capitol Building Commission.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Edwin J. Bowman,Chair.The Senate proceeded to the seventh order of business.Senate Concurrent Resolution No. 22, Requesting Joint
Committee on Government and Finance study restrictions on lawyers'
advertising.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.Senate Concurrent Resolution No. 23, Requesting Division of
Highways name bridge at Delbarton, Mingo County, "Dr. J. R. 'Bob'
Farley Memorial Bridge".On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Transportation and Infrastructure.The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Sprouse, Hunter, Chafin,
Helmick, Fanning, White, Deem, Yoder, Kessler, Weeks, Barnes and
Sharpe.
Thereafter, at the request of Senator Unger, and by unanimous
consent, the remarks by Senators Chafin, Helmick and Fanning were
ordered printed in the Appendix to the Journal.
At the request of Senator Caruth, unanimous consent being
granted, the remarks by Senators Yoder, Deem and Sprouse were
ordered printed in the Appendix to the Journal.
At the request of Senator Edgell, and by unanimous consent,
the remarks by Senators Kessler and Hunter were ordered printed in
the Appendix to the Journal.
At the request of Senator Caruth, unanimous consent being
granted, the remarks by Senator Barnes were ordered printed in the
Appendix to the Journal.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, January 19, 2006, at 11 a.m.